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Can I recover for my pain and suffering after an attack if there was inadequate security in place to prevent the attack?
No one knows what it is like to be you. The property owner or business owner that failed to have reasonable security in place may not have anticipated that you would be hurt in attack, and your attacker didn’t care about the physical pain and emotional suffering that you would have to endure.
Yet Pain and Suffering May Be Among Your Most Significant Damages
Your physical pain and emotional suffering may make it impossible for you to take care of yourself, to work, or to enjoy your family or friends. It is your pain and suffering that has changed your life even more than your medical treatment or lost income. Yet, there is no bill that you can submit to prove just how much your pain and suffering has cost you. Instead, you have to consider every detail of every day and document how your life has changed because of your injuries.
And You Have to Make the Insurance Company or the Court Understand
Now is not the time to be stoic or shy. Instead, you and your attorney should paint a clear picture of how significantly your pain and suffering is impacting your life. You need to provide details about:
- How your daily life has changed.
- Special events you miss.
- Any emotional changes you’ve experienced.
- How much it hurts.
Your whole life was changed by the attack and by the property owner’s failure to provide reasonable security to prevent your attack. No one can take away the pain and suffering that you are experiencing, but you still deserve to receive fair financial compensation for the pain and suffering that you have to endure and for all of your damages.
To find out more about your rights and your possible recovery, please start a live chat with us now and please download a FREE copy of our report, Negligent Security: What You Need to Know About It.
I was attacked on someone's property. Is just the criminal liable or also the property owner?
The state may be pursuing criminal charges against the person who attacked you. That person is the one who made the decision to attack you and who directly caused your injuries.
But That May Not Be the Only Person Responsible for Your Injuries
In some cases, the person, people, or company that owns the property may also be liable for your injuries if they failed to take reasonable steps to ensure your safety.
For example, a property owner may be liable if you were attacked and:
- There was inadequate lighting on the property.
- The property owner did not have surveillance cameras that are typically used in such situations.
- The property owner failed to take any other precautions that a reasonable property owner would take to prevent such attacks.
The property owner may not have attacked you directly, but may still be responsible for your injuries despite the criminal act of your attacker.
The Property Owner and Attacker May Both Be Liable
Your decision to pursue legal action against a property owner who failed to provide you with adequate security at the time of your attack in no way lets the person who attacked you off the hook. Your attacker is still legally responsible for his actions and for the harm that you suffered, but he may not be the only one responsible.
The person who attacked you and the property owner may have different claims brought against them. For example, the state may bring criminal actions against your attacker, and you may be able to bring a civil personal injury case claiming battery against your attacker. At the same time, you may be able to bring a negligent security case against the property owner, if the property owner failed to provide adequate security and the lack of adequate security contributed to your attack injuries.
While your legal case for battery may result in an award of damages, the person who attacked you may not have the resources to pay for your injuries. The property owner, however, may have insurance that would allow you to recover for your past, current, and future medical expenses, lost income, out-of-pocket costs, pain, suffering and other damages. This financial recovery may be important to your future and will not let the person who committed the attack off the hook.
For more information about how negligent security cases work, please read our free report, Negligent Security: What You Need to Know About It.
Can I recover for my medical expenses if I was hurt in an attack on someone else’s property?
As is the case with many legal questions, the answer to your question is that it depends. The answer may be different depending on where the attack took place, why the attack happened, and what actions you took after the attack.
Let’s Consider the Options
Generally, there are three people who may pay the medical bills after an attack. These people are:
- The victim. If the victim fails to take action after an attack, if the attacker does not have the means to pay the bills, or if there is not a negligent security claim against the property owner, then the victim may be responsible for paying his or her own medical bills. Of course, health insurance may help with these expenses. Still, this should be viewed as the least desirable alternative.
- The attacker. You may be able to sue the person who attacked you for the injuries that you have suffered. However, the person who attacked you may not have the means to pay for your injuries.
- The property owner. If the property owner failed to provide adequate or reasonable security for you while you were lawfully on the property, then you may have a case of negligent security against the property owner. There is a wide range of what is considered to be adequate or reasonable security; the applicable standard will depend, in part, on the type of business and where it is located. If a settlement is reached or a verdict is rendered in a negligent security case, then the property owner, or his insurer, may need to pay your medical bills.
Medical bills may be among your most significant expenses after an attack. Your medical expenses may include, but may not be limited to:
- Hospital bills.
- Doctors’ bills.
- Assistive medical devices, such as crutches or a wheelchair.
- Rehabilitation therapies, such as physical therapy.
And you may incur additional medical expenses in the future due to your injuries.
Make Sure You Are Fully Compensated for All of Your Medical Costs
To learn more about all of the compensation you may receive after a negligent security attack—and who may need to pay you—please start a live chat with us today or fill out our online contact form to schedule a free consultation.
What will happen if I can’t go back to work after I’ve been attacked on someone else’s property?
You ask an important question because the consequences of not going back to work can have a devastating impact on your life. How will you stay in your home and put food on your table if you are unable to earn an income? Could this attack ruin your life and endanger your family’s standard of living?
It May Not Have To
If you do nothing to protect your possible recovery and you are unable to earn an income, then the worst-case scenario that keeps you up at night could come true.
However, you may have options available to you if you were attacked on someone else’s property and the property owner did not have reasonable security measures in place at the time of your attack.
For example, you could protect your possible recovery by filing a negligent security claim. This could help you:
- Recover for lost income that you are unable to earn due to your injuries. Lost income may include compensation for past, current and future wages, bonuses, benefits, and income that you earn from being self-employed.
- Afford to train for a new type of job that you can do even with your injuries.
- Get the medical care that you need to recover from your injuries so that you can return to work.
You will need evidence of your injuries and your lost income in order to recover damages. This may include your medical records, pay stubs, tax returns, other evidence of past income, and expert witness testimony to establish the value of reasonably anticipated lost future income.
In order to recover for these damages, you are likely going to have to file a negligent security claim. For more information about how to do that, please read a FREE copy of our report, Negligent Security: What You Need to Know About It, and please start a live chat with us today.
I’m nervous about college shootings I hear about on the news. Do they happen because of negligent security?
While not all college shootings occur because of negligent security, negligent security could be a factor in some of these horrific events.
Colleges have a duty to provide reasonable security for students, faculty, and guests. What constitutes reasonable security will differ from campus to campus. For example, colleges in inner cities may require different types of security than colleges on self-contained campuses in more rural areas.
What Should Colleges Do?
We know that school shootings can happen anywhere and colleges should have reasonable security procedures in place to protect people on campus. Some of those security measures many include:
- Secure entry to buildings. This may include locked dorms, gates to certain areas of campus, front desk personnel in certain buildings, and other measures.
- Surveillance cameras. These may be important in many buildings, including student centers, athletic facilities, libraries, and other spaces.
- Security patrols. A security presence on campus can be important.
- Lockdown and evacuation procedures. These procedures should be known and practiced.
Other specific security measures may also be important to prevent shootings and other violent attacks—or to protect those on campus if an incident is in progress.
How to Know If a College’s Security Is Adequate
Of course, there may be times when a college had reasonable security and a determined shooter is able to get in and harm people anyway. Accordingly, if you have ever find yourself hurt or mourning the loss of a loved one because of a college shooting, then it is important to go over the unique facts of your case with an experienced attorney. Such a consultation is free and can answer your individual questions.
If you would like to learn more about negligent security, please download a free copy of our report, Negligent Security: What You Need to Know About It, today.
Are stores legally responsible for the actions of their customers?
The answer is sometimes. A store may not be held liable just because a customer has done something that is illegal or that hurts you. However, if the store failed to provide adequate security and you were injured because of that negligent security then the store, the property owner, or the insurance company may be responsible for paying your legal damages.Think About This
You are going about your own business and doing some holiday shopping at a local jewelry store when suddenly another person in the store attacked you in an attempt to steal your wallet, take your recent purchase, or rob the store. You have been physically injured in the attack. Whether or not the jewelry store should pay for your injuries depends on whether they provided you with adequate security while you were in the store.
When considering whether the security provided was adequate or negligent, the following things may be considered:
- Whether extra security was provided, or should have been provided, during the holiday season.
- The types of security that other jewelry stores in the area provide during the holiday season.
- The specific security that was in place at the time of your attack.
You will need to take a close look at the store’s security plan and the implementation of that plan to determine if there is a plausible cause of action and whether the store may help with the costs of your recovery.
To learn more, please download a FREE copy of our report, Negligent Security: What You Need to Know About It, and please start a live chat with us today.
I hit my head and suffered a brain injury while running away from an attacker. Can I recover damages?It is possible for you to recover damages if you hit your head while trying to flee from someone who tried to hurt you on a commercial property. While the person who tried to rob you, rape you, or otherwise hurt you may not have the assets nor the income to pay for the injury that you suffered, there may be another way to collect the damages that you need to recover.
The Property Owner May Be Responsible for Your Injuries
Generally, you may have a case against a property owner if the property owner failed to provide adequate security and you were hurt. If you were fleeing an attacker at the time of your injury, then you are going to have to prove that an attack was imminent or that an attack already occurred and that your injury was caused by the reasonable moves you made to avoid the attack and not by your own negligence. For example, if the attacker already had his hand on your shoulder and you stumbled and hit your head in an effort to get away from the attacker, then you may have a negligent security claim against the property owner who failed to provide reasonable security to prevent such an attack.
Every Case Is Fact-Specific. Will You Be Able to Get Damages?
In order to determine if you have a possible case, it is important to contact an experienced negligent security lawyer today. You can do that by filling out the contact form on this website, by starting a live chat right now, or by calling 800-800-5678 at your convenience.
Do I need an attorney if I was sexually attacked on campus, or can the college and prosecutor handle it?
You should schedule a confidential and free consultation with an attorney if you have been sexually attacked on campus. The university security department and the prosecutor’s office may be doing their own investigations, and either or both entities may decide to take action against the person who committed your sexual assault. The person who attacked you may be the only one who violated a criminal law, but that person may not be the only person responsible for what happened to you or the only one who should pay for your recovery.
The College or University May Also Be Responsible
The school is responsible for providing you with adequate security. Depending on where on campus you were hurt and what other security measures were in place, adequate security could include things such as:
- Adequate lighting.
- Restricted access to buildings.
- Adequate security guards on campus to respond to calls and patrol the area.
It can be difficult to assess whether adequate security was provided in your case until you know all of the facts.
But You Have Nothing to Lose by Contacting an Attorney
A lawyer can do a complete investigation into whether the school provided you with adequate security and help hold the school accountable if it was negligent in the security it provided and if that negligent security led to your attack and injuries.
To learn more, please watch our free videos and start a live chat with us today.
I was attacked in a nightclub. Who is going to pay for my medical bills, lost income, and other expenses?
Your first thought may be that the person who attacked you should pay for the damages that he caused when he attacked you and caused your injuries in a nightclub or bar. That person may be liable, but what if that person does not have the money to pay you? What happens then?
It Depends on Whether the Nightclub Provided Reasonable Security
If the nightclub failed to provide reasonable security for you and other customers then you might have a negligent security claim against the club. Generally, nightclubs are responsible for providing appropriate safety precautions for their customers. While there is not a set list of safety precautions that each nightclub must take, it is important to consider whether there was:
- A bouncer or security guard present. Qualified staff could help prevent attacks by checking for weapons. They could also help stop attacks quickly.
- Adequate lighting. This includes areas that are away from the bar and dance floor, such as the bathrooms and hallways.
- Crowd control. It is important that the crowd be manageable in a nightclub.
If the nightclub was negligent in the security that it provided then you might be able to recover damages.
Damages You May Recover
The damages that you may be able to recover include compensation for your:
- Medical expenses.
- Lost income.
- Out-of-pocket costs.
- Pain and suffering.
- Other losses.
To learn more about your rights and about how to get the recovery that you deserve after a nightclub attack, please read our FREE report, Negligent Security: What You Need to Know About It, and please start a live chat with us today.
My employer says he had no money in the budget to provide security at our workplace. Does that mean he isn’t liable if I am injured in an attack at work?
No, that’s not what it means. Your employer may try to make you believe that he doesn’t have to pay for reasonable security measures because it is a strain on his budget. However, if your employer owns the property where the business is located, then your employer has a legal duty to make sure that the property is reasonably safe and secure.
What Is Reasonable?
“Reasonable” does not mean expensive. Instead, adequate or reasonable security is going to depend on what type of work you do. An employer must provide adequate or reasonable security that is appropriate for the location and type of business regardless of the cost. That means that a bank in Beaverdale may require an advanced alarm system and security monitors, a jewelry store in West Des Moines may require security guards, and a medical office in the East End of Des Moines may require a waiting area and receptionist to monitor who comes into the office. Alternatively, your employer may use different types of security measures to keep you and others safe.
What to Do If You’re Hurt
If you are hurt in an attack at work and your employer is claiming that he is not responsible because he couldn’t afford to provide reasonable security, then you should talk to a local lawyer about your legal rights and possible recovery.
You can learn more about what to do next right now by downloading our FREE report, Negligent Security: What You Need to Know About It, and by starting a live chat with us via this website.